Industrial development ordinance gets green light

By Lisa Majors-Duff

As a result of that decision, the man most immediately affected by the ordinance - Bryson City paving contractor Mark Fortner - said he may be forced to file suit against the county for effectively eliminating the site he'd chosen to locate an asphalt plant.

"(Commissioners) have done what they need to do; I'll do what I need to do," Fortner said. "I'll end up having to go to court. There are laws to can protect me." The industrial development ordinance, which establishes regulations for so-called "heavy" industries, is the result of a public outcry against Fortner's plans to build an asphalt plant in Qualla's Gateway community. To have time to study the issue, commissioners adopted a yearlong moratorium on asphalt plant projects and requested the Economic Development Commission investigate what, if any, economic impact a second plant might have on the county.

After some eight months of study, the EDC concluded a second asphalt plant in Jackson County would have a "minimal" economic impact. In addition, the EDC recommended the county adopt an ordinance to regulate not only asphalt plants, but other industries that could potentially have a "high impact" on a community.

The EDC brought in consultant Dale Holland to draft the ordinance, which was modeled after an Ashe County law and presented to commissioners April 18. Between that time and last Thursday's meeting, the proposed ordinance underwent several modifications, most of which dealt with the prescribed distance between regulated businesses and adjacent structures, including residences, schools and hospitals.

With numerous versions of the ordinance to consider, Chairman Jay Denton presented board members with his own draft as last week's meeting got under way. "When I drafted this, it was with what I heard us talk about (May 9) in mind," Denton said. "I would say it's more restrictive (than the original ordinance), but it doesn't go to the half-mile separation and it doesn't ban an industry, which, according to what (county attorney) Mr. (Raymond) Large showed me today in the N.C. Constitution, we can't do."

Commissioners agreed upon a quarter-mile separation between a regulated business and adjacent structures, including churches, hospitals, day care center, schools and homes. Regulated businesses must also provide a vegetative buffer along their property line and must not violate the county's noise ordinance. Fortner disagreed with Denton's statement that the ordinance will not ban industries from moving into Jackson County.

"(Commissioners) have to leave me some daylight," he said. "I really think they are ready for Jackson County to retire (from industrial recruitment). I thought they were smarter people than that. I guess they aren't.

"I can't believe they are so blind that they don't see the benefits of an asphalt plant to Jackson County and to all of Western North Carolina," Fortner said. "Things are going to continue to grow, and people are going to want paved roads."

Qualla resident Robert Franz said he is pleased with the ordinance approved last week.

"I am pretty happy with the new ordinance, and I think most people are," said Franz, who, as chairman of the Qualla Community Development Council, has been one of the most vocal opponents of an asphalt plant being located in his community. "There is some concern that the wording of the law allows an asphalt plant or other industry owner to use neighboring private property as part of the required buffer, but it appears to me the law is as good or better than any I've seen in Western North Carolina. I was disappointed that we didn't get noise pollution issues addressed, though."

"I think it's fair," Commissioner Franz Whitmire said prior to the vote.

"This has come a long way from 500 feet (the original separation recommended between a regulated business and a home)," said Commissioner Roberta Crawford. "I can support this."

In a last-minute effort to have regulations not apply to Jackson Paper, Commissioner Conrad Burrell asked if some provision could be made to exempt the Sylva paper recycler from the ordinance. His request followed concerns voiced by Jackson Paper representative Don Arrington, who said his business is always looking at ways to expand.

"You can amend the ordinance, but you can't make an accommodation for one business," said county attorney Large.

As it stands now, Jackson Paper is not affected by the county's ordinance due to the state's grandfather law. The paper plant would fall under ordinance guidelines, though, if it were to expand outside the Sylva town limits, Large said.

Back to Archive: 05/23/02.